Constitution of the Jamestown S'Klallam Tribe of Indians
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DOCUMENT: SKLALLAM.TXT
C O N S T I T U T I O N
OF THE
JAMESTOWN S'KLALLAM TRIBE OF INDIANS
PREAMBLE
We, the Indians of the Jamestown S'Klallam Tribe,
create and adopt this constitution for the Jamestown
S'Klallam Tribe for the purpose of forming a better tribal
government, establishing a tribal community organization,
promoting the social and economic well-being of our people,
securing our aboriginal land and any and all natural
resources therein, preserving our culture and institutions,
fostering justice and freedom, and advancing our mutual
welfare.
ARTICLE I
NAME AND TERRITORY
SECTION 1. NAME: The legal name of the tribal organization
shall be the Jamestown S'Klallam Tribe of Indians.
SECTION 2. TERRITORY: The territory and jurisdiction of the
Jamestown S'Klallam Tribe shall extend over the following to
the fullest extent possible under Federal Law:
a. All lands, waters, property, airspace, other natural
resources and any interest therein either now, or in the
future, owned by the Tribe or individual tribal members
held in trust status or located within the boundaries of
a reservation which may be proclaimed for the Jamestown
S'Klallam Tribe, notwithstanding the issuance of any
patent or right-of-way;
b. All persons, property and activities located or found
within the Tribe's jurisdiction;
c. All members exercising or purporting to exercise any
rights reserved by the Tribe under the Treaty of Point No
Point concluded January 26, 1855 (12 Stat. 933) and all
property or activity to the extent necessary to implement
and protect all rights and powers reserved or granted to
the Tribe by the Treaty of Point No Point, the United
States Constitution or other Federal Law.
SECTION 3. HUNTING AND FISHING RIGHTS: Nothing in this
Article shall restrict the exercise of hunting and fishing
rights reserved by the Tribe under the Treaty of Point No
Point including the right to hunt on all open and unclaimed
lands, and to fish at all of the Tribe's usual and
accustomed grounds and stations.
ARTICLE II
MEMBERSHIP
SECTION 1. The membership of the Jamestown S'Klallam Tribe
shall consist of the following:
a. All persons whose names appear on the list of members
submitted by the Jamestown S'Klallam Tribe in its
petition for Federal acknowledgment as an Indian tribe
pursuant to 25 CFR Part 54 (1978), who met the membership
criteria specified in the petition. The Tribal Council
may correct the list subject to approval by the Secretary
of the Interior.
b. All lineal descendants of persons who qualify for
membership under subsection 1 (a), above; provided, that
such descendants possess at least one-fourth (1/4) degree
Jamestown S'Klallam blood.
SECTION 2. LIMITATION: No person shall qualify for
membership in the Jamestown S'Klallam Tribe who is a member
of any other organized tribe, band, or Indian community
officially recognized by the Secretary of the Interior,
unless he or she has relinquished in writing his or her
membership in such tribe, band or community.
SECTION 3. ADOPTION: The Tribal Council shall have the power
to enact ordinances governing the adoption of persons as
members who have a significant community relationship with
the Jamestown S'Klallam Tribe. Adoption ordinances shall be
subject to approval by the Secretary of the Interior.
SECTION 4. REGULATION OF MEMBERSHIP: The Tribal Council
shall have power to enact ordinances regulating membership
as to admission and loss of membership; provided, that any
person who may lose his or her tribal membership is entitled
to a hearing before the Tribal Council and to adequate
notice of such hearing.
ARTICLE III
TRIBAL COUNCIL
SECTION 1. The representative governing body of the
Jamestown S'Klallam Tribe shall be known as the Jamestown
S'Klallam Tribal Council.
SECTION 2. MEMBERSHIP: The Tribal Council shall consist of
five (5) members duly elected to serve two (2) year terms
whose terms shall be staggered as provided in Section 3.
Tribal Council members shall remain in office until their
successors are duly elected and installed.
SECTION 3. TRIBAL OFFICERS: The Tribal Council shall consist
of (1) a Chairperson, (2) a Vice-Chairperson, (3) a
Secretary, (4) a Treasurer and (5) a Councilperson. The
Tribal Council may appoint such other officials and
committees as are considered necessary, however, those
appointees shall have no vote in the deliberations of the
Tribal Council. The Chairperson and the Secretary shall be
elected in odd-numbered years and the Vice-Chairperson,
Treasurer and Councilperson shall be elected in even-
numbered years. All members of the Tribal Council at the
time this Constitution becomes effective, shall continue to
serve until the end of their terms.
SECTION 4. QUORUM: Three (3) members of the Tribal Council
shall constitute a quorum.
ARTICLE IV
GENERAL COUNCIL
SECTION 1. COMPOSITION: The General Council shall be
composed of all tribal members who are duly registered to
vote.
SECTION 2. POWERS: The powers of the General Council shall
be as follows:
a. electing Tribal Council members in accordance with
Article V
b. deciding on initiative, referendum and recall issues in
accordance with Article V
c. adopting or rejecting constitutional amendments in
accordance with Article X
d. dealing with those matters not expressly delegated to the
Tribal Council by Section 1 of Article VII.
SECTION 3. ANNUAL MEETING: The Tribal Council shall
determine the exact date of the annual meeting which shall
be held on one (1) of the last two (2) Saturdays of
September or the first two (2) Saturdays of October. Advance
notice of the meeting shall be given as directed by the
Tribal Council.
SECTION 4. SPECIAL MEETINGS: Special meetings of the General
Council may be called by the Tribal Chairperson with at
least fifteen (15) days advance notice posted in public
places where tribal members frequent and other appropriate
means that may be required by action of the Tribal Council.
Special meetings shall be called by the Tribal Chairperson
upon his/her receipt of a written request signed by at least
three (3) of the five (5) members of the Tribal Council. If
the Chairperson fails to call the requested meeting, one (1)
of the three (3) requestors shall be empowered to call and
conduct that session.
SECTION 5. QUORUM: Twenty-five (25) members of the General
Council shall constitute a quorum for purposes of conducting
business; provided, that a quorum shall not be required for
the election of tribal officials.
ARTICLE V
TRIBAL ELECTIONS
SECTION 1. VOTER QUALIFICATIONS: Duly enrolled tribal
members shall be qualified to vote only if they meet the
following conditions:
a. must be at least eighteen (18) years of age on the date
of the election, and;
b. must be duly registered pursuant to the tribe's voter
registration system.
SECTION 2. QUALIFICATIONS FOR CANDIDATES: Those who meet
the following requirements, are eligible to become
candidates for either elective or appointive office;
provided, that if they have been convicted of a felony, at
least five (5) years must have passed since completion of
the penalty for such offense (Penalty shall include any
period of restriction on civil rights):
a. must be registered to vote pursuant to Section 1(b)
above,
b. must be at least twenty-one (21) years of age on the date
of the election.
SECTION 3. ELECTION DATES: Regular elections for the Tribal
Council shall be held in conjunction with the annual meeting
of the Tribe's General Council as provided in Section 3 of
Article IV.
SECTION 4. ELECTION BOARD: The Tribal Council shall appoint
an Election Board whose three (3) members shall serve for
three (3) year staggered terms of office. Election Board
members shall be subject to removal from office only for
cause in the manner set forth in Article VI. The Election
Board shall be responsible for impartially carrying out the
provisions of the election ordinance described in Section 5
of this Article. No person who holds any elective or
appointive tribal office, or is a candidate for such office,
shall serve on the Election Board.
SECTION 5. ELECTION PROCEDURES: The Tribal Council shall
enact an election ordinance, consistent with this
Constitution, setting forth the procedures to be followed in
conducting each of the various types of tribal elections
called for in this Constitution. The ordinance shall include
mandatory provisions for secret balloting, voter
registration, maintaining a current list of qualified
voters, absentee voting, screening of prospective
candidates, and settling election disputes. Further, the
ordinance shall spell out the procedure and format to be
used whenever it is necessary to submit petitions and
describe how such petitions are to be determined valid.
SECTION 6. INITIATIVE: The qualified voters may propose
legislation by submitting to the Tribal Council, a petition
signed by at least one-third (1/3) of the registered voters.
Each page of the petition shall contain a description of the
proposed enactment. Within thirty (30) days from the Tribal
Council's receipt of a valid petition, the Chairperson shall
call an election to be held in conjunction with a special
meeting of the General Council, making provision for
absentee balloting; provided, that if an initiative petition
is received within ninety (90) days before the annual
meeting of the General Council, the initiative election
shall be delayed until that time. A majority of those who
vote shall decide the issue; provided, that at least one-
third (1/3) of the registered voters cast ballots on the
proposed legislation. The decision of the voters shall be
binding on the Tribal Council and the Tribe and shall remain
in force until amended or rescinded by subsequent action by
the voters, or expire by its own terms.
SECTION 7. REFERENDUM: The Tribal Council, by an affirmative
vote of at least three (3) of its members, shall call an
election to be conducted within forty-five (45) days of such
Tribal Council decision, for the purpose of deciding issues
or questions that are either within the authority of the
General Council or those powers vested in the Tribal
Council. An affirmative vote by at least a majority of those
who vote shall be necessary to decide the issue or question;
provided, that-no less than one-third (1/3) of the
registered voters cast ballots in that election. The
decision of the voters shall be binding in the same manner
as provided in Section 6 of this Article.
SECTION 8. RECALL: Upon receipt of a valid petition signed
by at least one -third (1/3) of the registered voters
requesting the recall of an individual official holding an
elective office, it shall be the duty of the Tribal Council
to call a special election to vote on the recall of that
official. Such election shall be held within forty-five (45)
days of receipt of the valid petition; provided, that if the
petition is submitted within six (6) months of the next
annual election, the Tribal Council may direct that the
matter be placed on the ballot for that election. If a
majority of those actually voting favor the recall of the
official, the office shall be declared vacant and filled in
accordance with Section 2 of Article VI. No individual shall
be subjected to recall more than once during his/her term of
office.
ARTICLE VI
REMOVAL FROM OFFICE AND FILLING VACANCIES
SECTION 1. REMOVAL:
a. Should any of the following circumstances occur involving
a Tribal Council member, the remaining members of the
Tribal Council may by resolution remove such person from
office:
1. Failure to satisfy the requirements for holding office
in Article V, Section 2;
2. Absence from three (3) successive Tribal Council
meetings without good reason;
3. Gross misconduct in office, neglect of duty or
conviction of a felony after his or her election;
4. Becoming physically or mentally incapable of
performing his or her duties.
b. Any Tribal Council member subject to removal shall,
before a vote is taken, be provided with reasonable and
detailed written notice of the charges against him or her
and with a fair opportunity to reply to such charges and
present evidence on his or her behalf at an open hearing
called for that purpose. At least three (3) of the
remaining members of the Council must vote in favor of
removal to make it valid. The chairperson shall be
permitted to vote if he/she is not object of removal
proceedings.
SECTION 2. FILLING OF VACANCIES: If any vacancies occur due
to removal, recall, resignation or death, the Tribal Council
shall appoint a new member, who qualifies pursuant to
Section 2 of Article V, to serve until the next regular
election when a successor shall be elected to fill the
remainder of the term so as to preserve the system of
staggered terms of office.
ARTICLE VII
POWERS OF THE TRIBAL COUNCIL
SECTION 1. ENUMERATED POWERS: The Tribal Council of the
Jamestown S'Klallam Tribe shall be authorized to exercise
the following powers, subject to any limitations imposed by
Federal Law or the Constitution of the United States, and
subject further to all express restrictions upon such powers
contained in this Constitution:
a. To negotiate with the Federal, state and local
governments on behalf of the Tribe and to advise and
consult with representatives of the Department of the
Interior on all activities of the Department that may
affect the Jamestown S'Klallam Tribe.
b. To employ legal counsel, the choice of counsel and fixing
of fees to be subject to the approval of the Secretary of
the Interior as long as such approval is required by
Federal Law.
c. To approve or veto any sale, disposition, lease, or
encumbrance of tribal lands, interest in lands, or other
tribal assets; provided, that tribal lands shall neither
be encumbered nor sold unless such sale or encumbrance is
authorized by Federal Law, nor shall any tribal lands be
leased for a period exceeding the time authorized by
Federal Law.
d. To advise the Secretary of the Interior with regard to
all appropriation estimates or Federal projects for the
benefit of the Jamestown S'Klallam Tribe prior to the
submission of such estimates to the Office of Management
and Budget and to Congress.
e. To manage all economic affairs and enterprises of the
Tribe.
f. To appropriate any available funds for tribal purposes.
g. To levy taxes on all persons, property and activities
within the Tribe's jurisdiction.
h. To prescribe conditions upon which non-members may remain
within the territory of the Tribe. Such conditions shall
be enforced by order of the Tribal Court.
i. To enact ordinances and laws governing the conduct of all
persons and defining offenses against the Jamestown
S'Klallam Tribe; to maintain order and protect the
safety, health and welfare of all persons within the
Jamestown S'Klallam Tribe's jurisdiction; and to enact
any ordinances or laws necessary to govern the
administration of justice, and the enforcement of all
laws, ordinances or regulations.
j. To charter and regulate corporations, cooperatives,
associations, special districts, educational, and
charitable institutions, political subdivisions and any
other organizations.
k. To regulate the domestic relations of tribal members
within the Tribe's jurisdiction.
l. To provide for the Tribal Court to appoint guardians for
minors and mental incompetents.
m. To regulate and define the duties and procedures of the
Tribal Council, of all Tribal Council members and/or
subordinate tribal committees and organizations and
otherwise establish policies and procedures for tribal
governmental personnel.
n. To delegate advisory authority to subordinate boards or
to cooperative associations which are open to all members
of the Tribe regarding any of the enumerated powers of
the Tribal Council; provided, that any actions taken by
such subordinate boards or cooperative associations shall
be effective only when approved by the Tribal Council.
o. To purchase, or accept any land or other property for the
Jamestown S'Klallam Indian Tribe.
p. To request the Secretary of the Interior to confer trust
or reservation status on lands granted to or purchased by
the Tribe.
q. To accept gifts on behalf of the Jamestown S'Klallam
Tribe.
r. To assert as a defense to lawsuits against the Tribe, and
to waive only by express written agreement, the sovereign
immunity of the Tribe.
s. To develop, manage, protect and regulate the use of
water, fish, animals, wildlife, minerals, timber and all
other natural resources within the Tribe's jurisdiction.
t. To deal with questions concerning the encumbrance, lease,
use, management, assignment, zoning, exchange, mortgage,
purchase, acquisition, sale, placement in trust and
disposal of land and other assets owned by the Tribe or
held in trust f or the Tribe; and regulate land use and
development in areas within the Tribe's jurisdiction.
u. To exercise any power or duty which may now or in the
future be delegated to the Tribal Council by the Federal
or state government.
v. To take any and all actions necessary and proper for the
exercise of the foregoing powers and duties and all other
powers and duties now or hereafter delegated to or vested
in the Tribal Council.
SECTION 2. RESERVED POWERS: Notwithstanding the above, the
Jamestown S'Klallam Tribe may exercise all other inherent
tribal powers not expressly listed without amendment to this
Constitution. Such powers may be exercised by the Tribe's
registered voters at a validly called meeting of the General
Council under this Constitution.
ARTICLE VIII
TRIBAL COURT
The Tribal Court shall consist of one (1) Chief Judge
and such Associate Judges and Staff as are deemed necessary
by the Tribal Council. The Tribal Court is empowered to
exercise all judicial authority of the Tribe. Said authority
shall include, but is not limited to, the power to review
and overturn tribal legislative and executive actions for
violations of this Constitution or of the Federal Indian
Civil Rights Act of 1968, as well as to perform all other
judicial and court functions. The Tribal Council shall set
forth qualifications for the Tribal Court Chief Judge,
Associate Judges, and staff positions by ordinance, and
shall appoint persons to fill said positions for a term of
not less than four (4) years for Chief Judge, not less that
two (2) years for Associate Judges. During the tenure of his
or her appointment, the Chief Judge, or an Associate Judge
may be suspended or dismissed by the General Council only
for criminal activity, misconduct, negligence, or absence
from duty upon due notice and an opportunity for an open
hearing.
ARTICLE IX
BILL OF RIGHTS
The Jamestown S'Klallam Indian Tribe, in exercising
powers of self-government, shall not:
1. make or enforce any law prohibiting the free exercise of
religion, or abridging the freedom of speech, or of the
press, or the right of the people peaceably to assemble
and to petition for a redress of grievances;
2. violate the right of the people to be secure in their
persons, houses, papers, and effects against unreasonable
search and seizures, nor issue warrants but upon probable
cause, supported by oath or affirmation, and particularly
describing the place to be searched and the person or
thing to be seized;
3. subject any person for the same offense to be twice put
in jeopardy;
4. compel any person in any criminal case to be a witness
against himself;
5. take any private property for public use without just
compensation;
6. deny to any person in a criminal proceeding the right to
a speedy and public trial, to be informed of the nature
and cause of the accusation, to be confronted with the
witnesses against him, to have compulsory process for
obtaining witnesses in his favor, and at his own expense
to have the assistance of counsel for his defense;
7. require excessive bail, impose excessive fines, inflict
cruel and unusual punishment, and in no event impose for
conviction of any one offense any penalty or punishment
greater than imprisonment for a term of six (6) months or
a fine of $500, or both;
8. deny to any person within its jurisdiction the equal
protection of its laws or deprive any person of liberty
or property without due process of law;
9. pass any bill of attainder or ex post facto law;
10. deny to any person accused of an offense punishable by
imprisonment the right, upon request, to a trial by jury
of not less than six (6) persons.
ARTICLE X
AMENDMENTS
This Constitution may be amended by a majority vote of
the qualified voters of the Tribe voting at an election
called for that purpose by the Secretary of the Interior and
conducted pursuant to Federal Regulations (25 CFR Part 81);
provided, that at least thirty (30%) percent of those
entitled to vote shall vote in such election. Amendments
shall become effective when approved by the Secretary of the
Interior.
It shall be the duty of the Secretary of the Interior
to call an election on any proposed amendment upon receipt
of a valid petition signed by at least one-third (1/3) of
the qualified voters, or by a resolution passed by an
affirmative vote of at least three (3) members of the Tribal
Council.
ARTICLE XI
SAVINGS CLAUSE
All enactments of the Tribe adopted before the
effective date of this Constitution shall continue in effect
to the extent that they are consistent with this
Constitution.
ARTICLE XII
RATIFICATION
This Constitution, when approved by the Secretary of
the Interior and ratified by a majority vote of the
qualified voters of the Jamestown S'Klallam Tribe voting in
an election called for that purpose by the Secretary of the
Interior and conducted pursuant to Federal Regulations (25
CFR Part 81); provided, that at least thirty percent (30%)
of those entitled to vote, cast ballots in that election,
shall become effective upon the date of such ratification.
ARTICLE XIII
APPROVAL
I, /s/ John W. Fritz, Deputy Assistant Secretary -
Indian Affairs (Operations), by virtue of the authority
granted to me by 209 D.M. 8.3, do hereby approve this
Constitution of the Jamestown S'Klallam Tribe of Indians. It
shall become effective upon ratification; provided, that
nothing in this approval shall be construed as authorizing
any action under this document that would be contrary to
Federal Law.
/S/ John W. Fritz
-------------------------------------
Deputy Assistant Secretary Indian Affairs (Operations)
Washington, D.C.
Date: AUG 17 1983
c:wpdocs ribeconstitu.issconstitu.dft
10/31/92 10:04am Ron
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